These Terms and Conditions (“Terms and Conditions”) apply to all transactions between you and Identimaxx, including, without limitation, your access to and use of the identimaxx.com website and any information and resources available therein (“Website”), all transactions conducted through the Website, and your purchase of identity theft services and products offered by Identimaxx (individually and collectively, “Identimaxx Products and Services”).
The Website is intended for users who are eighteen (18) years of age or older. Identimaxx Products and Services are only available to residents of the United States and its territories. Identimaxx will only provide Identimaxx Products and Services in conjunction with agencies and institutions in the United States, or territories where U.S. law applies (“Territory”). By using the Website, you represent and warrant that you are eighteen (18) years of age or older, that you agree to abide by these Terms and Conditions and that you are a resident of the United States.
As an online customer, you are agreeing to receive all notifications via email at the email address you provided to Identimaxx upon enrollment or purchase of the Identimaxx Products and Services. To ensure receipt of all notifications, you must timely update any change to your email address on file with Identimaxx.
By using or visiting the Website you signify your agreement to be bound by these Terms and Conditions, Identimaxx’s Privacy Policy, incorporated herein by reference and available at identimaxx.com and all laws and regulations applicable to the Identimaxx Products and Services and information offered by Identimaxx, whether or not you create an account, register as a member or purchase Identimaxx Products and Services. Identimaxx may, in its sole discretion, modify these Terms and Conditions from time to time and such modified Terms and Conditions shall supersede any prior versions of the Terms and Conditions. Your continued use of the Website and/or purchase of Identimaxx Products and Services constitutes your acceptance of such modifications and your subsequent use of the Website and Identimaxx Products and Services shall be governed by the latest version of the Terms and Conditions. The Terms and Conditions are effective until terminated by Identimaxx. In the event of termination, the Identimaxx Intellectual Property, Disclaimer of Warranty; Limitations of Liability and Indemnification provisions set forth in these Terms and Conditions shall survive. Identimaxx will post modifications to the Terms and Conditions on this page and indicate the date of the most recent modification at the top of the page. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE OR ORDER OR USE ANY IDENTIMAXX PRODUCTS AND SERVICES.
Identimaxx shall not be obligated or responsible for providing Identimaxx Products and Services or Credit Reports and Services for any request based on: (i) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you; (ii) authorized charges that you have disputed based on the quality of goods or services; (iii) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions; (iv) losses, damages or expenses arising out of any business pursuits; (v) losses, damages or expenses that were incurred or commenced prior to the effective date of your Identimaxx Products and Services order confirmation; or (vi) theft, loss or damage related to, without limitation, travelers checks, tickets of any kind, negotiable instruments, cash or its equivalent, passports, documents or real property.
A stolen identity event is the theft of your personal identification, social security number, or other method of identifying you, including any personal information not generally available to the public, which has resulted or could reasonably be said to result, in the wrongful use of such information, including, without limitation, stolen identity events occurring on or arising out of your use of the Internet.
If you’re a member of Identimaxx Products and Services, you will be required to authenticate your identity prior to accessing those certain Identimaxx Products and Services by correctly answering questions about your credit history and/or other information unique to you.
Recovery Services are provided by Identimaxx or an approved Identimaxx VENDOR. Eligibility for recovery services is based on identity theft events that are discovered and reported to Identimaxx during the eligibility period. If you were the subject of a stolen identity event prior to the effective date of your enrollment for recovery services, you are not eligible to purchase the recovery services Identimaxx Products and Services offered by Identimaxx. If you are coping with a known identity theft event at the time of enrollment, you may call Identimaxx’s Customer Service department to receive a quote on recovery services appropriate for your situation. Businesses are not eligible for recovery services . Identimaxx does not provide credit counseling or repair to credit that legitimately belongs to the primary member, their spouse or significant other. The successful completion of the recovery services described herein depends on the cooperation of the member. Identimaxx reserves the right to refuse or terminate Identimaxx Products and Services if it is deemed that the member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her portion of the recovery plan. Identimaxx will not refuse or terminate services based solely on the complexity of the case.
Reimbursement Plan, if applicable, is provided by a leading insurance company in the United States. Refer to the Evidence of Coverage for the plan you have purchased for specific coverage amounts, exclusions and other terms.
General Inclusions:
General Exclusions:
Identity Monitoring monitors social medial and black-market internet sites, criminal chat rooms and other high-risk internet sites where your personal information may be offered for sale to identity thieves. The service uses highly sophisticated search and data gathering technology to harvest suspicious information stored or displayed on these sites. It is then matched against your personal information and other credentials provided by you utilizing a combination of human intelligence and highly effective data matching algorithms. Alerts are sent to you by email or text message whenever your information is found to be at risk on the internet.
Lost Document Replacement Service provides assistance to you by a Recovery Advocate to cancel or replace lost documents such as credit cards, debit cards, licenses, passports and other government issued documents.
Name and Address Identity Monitoring monitors millions of public and private database records to identify possible instances of fraud and will alert you of changes which may indicate an identity thief is using your information.
Court Records Monitoring monitors millions of criminal and civil records and alerts you if a record is found that contain your personal information.
If you elected family coverage, a qualifying family member shall mean the primary member’s spouse or domestic partner, the member’s dependents under the age of twenty-five (25) who have the same permanent address as the member, any handicapped adult living in the same household with the member who requires assistance from the family to manage their affairs, and parents (mother or father) of the member or their spouse or domestic partner who have the same permanent address as the member, or who are registered in a senior assisted living facility, skilled nursing home, hospice, or who have been deceased for twelve (12) months or less. If you request enrollment of a child, you will be required to verify your status as the child’s parent or guardian by providing documents reasonably requested by Identimaxx, including, without limitation, the child’s social security card and birth certificate, valid proof of your identification and proof of your residence.
In the event that you incur covered expenses as part of an identity theft event, your Recovery Advocates will provide initial contact information to the insurance carriers that provide the reimbursement plan, if applicable. You will be mailed an insurance company claim package. For a detailed description of expenses eligible for reimbursement, see the description of the reimbursement plan.
If you are paying for these directly to Identimaxx, then the following terms will apply:
Charges – Based on your authorization, payments will be deducted from your credit or debit card on a monthly, quarterly, semi-annual or annual frequency in the amount indicated. With sixty (60) days prior written notice to you at the email address on file for the primary member, Identimaxx reserves the right to adjust the pricing. You are under no obligation to continue the program (see Cancellation below).
Cancellation – If you wish to cancel your plan, please call the customer service number. If you are paying monthly, your plan will be cancelled at the end of the month in which the cancellation request is received. You are responsible for making payment for the months during which are in effect. If you have paid on a quarterly, semi-annual or annual basis, your plan will be cancelled at the end of the month in which the cancellation request is received and we will refund any unused portion of the pre-discount monthly payment.
Lapse for Non-Payment – You may elect to pay for on a monthly, quarterly, semi-annual or annual basis. If payment is not received on the due date for the benefit period you elected, a notice of cancellation (“Notice of Cancellation”) will be sent by email to the email address on file for the member each day for ten (10) days. If payment is not received within ten (10) days after the initial Notice of Cancellation is sent, the plan will be terminated, effective on the last day of the month for which payment has been made. If the member, or a qualifying family member, is engaged in the recovery process an attempt will be made to contact the member by phone in addition to the email Notice of Cancellation. Recovery Identimaxx Products and Services will cease at the point at which the plan is terminated for non-payment.
You understand and agree that your access to and use of the Website and Identimaxx Products and Services is subject to the following terms:
Identimaxx may at any time, in its sole discretion, with or without notice to you, modify or discontinue providing the Website or any of the Identimaxx Products and Services or any portion thereof. You agree that Identimaxx will not be liable to you, any minors enrolled in the Website or Identimaxx Products and Services or any other person for any modification or discontinuance of the Website or Identimaxx Products and Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND IDENTIMAXX PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND IDENTIMAXX PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. IDENTIMAXX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, THAT THE WEBSITE AND IDENTIMAXX PRODUCTS AND SERVICES ARE FREE FROM BUGS, VIRUSES, HACKERS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR IDENTIMAXX PRODUCTS AND SERVICES WILL BE RELIABLE. THE INFORMATION CONTAINED IN THE WEBSITE, THE IDENTIMAXX PRODUCTS AND SERVICES OR OTHER MATERIALS YOU MAY RECEIVE FROM IDENTIMAXX DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IN CONNECTION WITH YOUR PURCHASE AND USE OF THE IDENTIMAXX PRODUCTS AND SERVICES, YOU ARE EXPECTED TO TAKE REASONABLE PRECAUTIONS, INCLUDING, WITHOUT LIMITATION, PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. IDENTIMAXX PRODUCTS AND SERVICES DO NOT CONSTITUTE A CONTRACT OF INSURANCE. IDENTIMAXX DOES NOT GUARANTEE THE ACCURACY OF LIEN, JUDGMENT, INVESTMENT, OR CRIMINAL SEARCHES IT MAY PERFORM ON YOUR BEHALF. IDENTIMAXX ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH ANY (I) ERRORS, IdentimaxxTAKES, OR INACCURACIES IN THE WEBSITE OR IDENTIMAXX PRODUCTS AND SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE OR IDENTIMAXX PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICE TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY PERSON OR ENTITY, AND/OR (VI) ANY ERRORS OR OMISSIONS ON THE WEBSITE OR IN IDENTIMAXX PRODUCTS AND SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, PRODUCTS OR SERVICES OR ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE OR THE IDENTIMAXX PRODUCTS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IDENTIMAXX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IDENTIMAXX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY ANY OTHER PERSON OR ENTITY, WHETHER OR NOT A SUPPLIER, THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
The FCRA allows consumers to get one (1) free comprehensive disclosure of all of the information in their credit file from each of the three (3) national credit reporting companies (Experian, Equifax, and TransUnion) once every twelve (12) months through a central source. Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three (3) national credit reporting companies that are available from Identimaxx may not have the same information as a credit report obtained directly from the three (3) national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. Identimaxx’s Products are not related to the free FCRA disclosure that you are or may be entitled to.
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from Identimaxx to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure.
The credit reports you are requesting from Identimaxx are not intended to constitute the disclosure of the credit reporting company’s information required by the FCRA or similar state laws. The credit reporting company’s disclosure report must be obtained directly from the credit reporting company by contacting the credit reporting company as show below:
Equifax: 1-877-576-5734 www.equifax.com
Experian: 1-888-397-3742 www.experian.com/fraud
TransUnion: 1-800-680-7289 www.transunion.com
You acknowledge and agree that the Website and Identimaxx Products and Services, including, without limitation, formulae, specifications, pricing, content, applications, trademarks, graphics, photographs, information, software, including, without limitation, source and object code, scripts, promotions, events, programs and interactive features provided by or for Identimaxx, whether in whole or in part, (individually and collectively, “Identimaxx Intellectual Property”) is owned by and is the exclusive property of Identimaxx or its licensors, subject to trademark, copyright, patent, trade secret and other intellectual property rights and laws. You further agree that you have no right, title or interest in Identimaxx Intellectual Property and that you shall not use any Identimaxx Intellectual Property without Identimaxx’s prior written consent. You hereby grant to Identimaxx a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up, right and license to use, copy, modify, transfer and distribute your personal information to provide the Identimaxx Products and Services and in connection with Identimaxx’s business operations.
You agree to defend, indemnify and hold harmless Identimaxx, its officers, directors, members, managers, employees, agents, predecessors, successors, insurers, and assigns for, from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs, penalties, fees, fines, interest, debt and expenses (including, without limitation, attorneys fees and expert witness fees) arising from: (i) your use of and access to the Website and Identimaxx Products and Services; (ii) your violation of any provision of these Terms and Conditions; and (iii) your violation of any law or other regulation or any third-party right, including, without limitation, any trade secret, patent, copyright, trademark, property, publicity or privacy right. This indemnification obligation shall survive the termination of these Terms and Conditions and the termination of your use of the Website and Identimaxx Products and Services.
Identimaxx is committed to providing world-class service to each of our customers. If you do not receive exceptional service from us for any reason we would like to hear about it. All complaints are taken very seriously and are appreciated, as it affords us an opportunity to improve our standards. If you have a complaint, please don’t hesitate to contact us via the following methods:
Phone (toll-free): (800) 273-4317
Email: customerservice@identimaxx.com
Postal Mail: 74 Brick Blvd., Bldg 1, Suite 201, Brick, NJ 08723
Identimaxx will act as swiftly as possible to resolve your complaint in a timely manner.
You agree that: (i) the Website and provision of Identimaxx Products and Services shall be deemed solely based in New Jersey; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Identimaxx, either specific or general, in jurisdictions other than New Jersey. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of laws principles. Identimaxx and you agree that the state and federal courts located in Maricopa County, New Jersey shall have jurisdiction over any claim or dispute that arises from the Website or Identimaxx Products and Services and that venue in such courts is proper. Identimaxx and you further agree to waive any objection or defense to jurisdiction and venue in the state and federal courts located in Union County, New Jersey. These Terms and Conditions, together with Identimaxx’s Privacy Policy and any other legal notices published by Identimaxx on the Website shall constitute the entire agreement between you and Identimaxx. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect and Identimaxx shall replace the invalid provision with a substitute provision consistent with then-current law and the original intent of the provision. The rights of Identimaxx under these Terms and Conditions shall inure to the benefit of Identimaxx, its successors and assigns. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Website, Identimaxx Products and Services or otherwise, these Terms and Conditions will control. The section headings are for convenience only and do not have any force or effect. You and Identimaxx agree that any cause of action arising out of or related to the Website or Identimaxx Products and Services must be commenced within one (1) year after the cause of action accrues. Identimaxx shall have the right to seek temporary, preliminary and permanent injunctive relief, in addition to, and not exclusive of, any and all other remedies available to Identimaxx, against you to protect Identimaxx’s rights under these Terms and Conditions. Identimaxx shall be entitled to seek an award against you of attorneys’ fees, expert witness fees and costs incurred by Identimaxx in connection with any dispute arising from or in connection with these Terms and Conditions.
These Property Title Monitoring Terms and Conditions (the “Service Terms”) are a legally binding agreement between Identimaxx, LLC/identimaxx.com (collectively, “Identimaxx,” “we” “our” or “us”) and you (“you”, “your” or “yours”), and describe the terms under which you agree to use the Property Title Monitoring Services for which you have registered or enrolled or have been registered or enrolled by an authorized third party (collectively the “Services” and individually a “Service”). Identimaxx is not a Servicer, nor are the Services a Settlement Service, as defined by the Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617, and its implementing regulations, 12 C.F.R. Part 1024.
Both our Privacy Policy and our Website Terms of Use, which apply to our website (our “Site”) and your use of our Site, are on our website and are incorporated by reference into these Service Terms.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A U.S. RESIDENT, THAT THE INFORMATION PROVIDED US IS ONLY YOUR INFORMATION OR THE INFORMATION OF AN INDIVIDUAL FOR WHOM YOU ARE AUTHORIZED TO ENROLL IN THE SERVICES, AND THAT YOU SHALL ONLY USE SUCH SERVICES IN CONNECTION WITH YOUR PERSONAL AND BUSINESS ACCOUNTS FOR VALID AND LAWFUL PURPOSES.
IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL, REGISTER FOR, OR USE ANY OF THE SERVICES. UNLESS YOU CONTACT US WITHIN FIFTEEN (15) DAYS OF RECEIVING YOUR WELCOME EMAIL OR, IF YOU DO NOT RECEIVE A WELCOME EMAIL BECAUSE YOU DO NOT HAVE AN EMAIL ADDRESS, WITHIN FIFTEEN (15) DAYS OF THE SERVICE START DATE.
IF YOU HAVE BEEN ENROLLED IN ANY OF THE SERVICES VIA A THIRD PARTY, YOUR MEMBERSHIP IS FOR A SET TERM AS INDICATED IN YOUR WELCOME EMAIL OR WELCOME KIT.
IF YOU HAVE REGISTERED FOR THE SERVICES DIRECTLY, YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE MEMBERSHIP FEE, RENEWAL FEE, AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER AND IS SUBJECT TO CHANGE.
TO TERMINATE YOUR ENROLLMENT IN OR USE OF THE SERVICES YOU MUST CALL 1-855-200-6799.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SERVICE TERMS. WE MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THESE SERVICE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE SERVICE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED SERVICES TERMS YOU MUST STOP USING THE SERVICES.
Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled (i) by telephone, (ii) at our Site, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to enroll you (collectively, the “Enrollment Process”). In order to enroll in, register for and receive the Services, you or your authorized third party must provide us with the full and accurate name, address, and date of birth (collectively, “Personal Information”). You agree to keep all Personal Information updated and accurate. In the event we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our data base, the data base of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If we are unable to obtain accurate or the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled or registered from us may be limited.
Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled or registered.
YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU UNDERSTAND THAT WE MONITOR YOUR PERSONAL INFORMATION WITHIN OUR NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE TO US, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED BY US TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.
YOU ACKNOWLEDGE AND AGREE THAT WHEN Identimaxx IS ACCESSING AND RETRIEVING PROPERTY INFORMATION FROM THIRD PARTY SITES, Identimaxx IS ACTING AS YOUR AGENT FOR THE SOLE AND LIMITED PURPOSE OF OBTAINING YOUR PROPERTY INFORMATION TO PROVIDE THE SERVICES TO YOU. IF YOU SIGN UP TO RECEIVE TRANSACTION MONITORING ALERTS, YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BASED ON YOUR RELIANCE ON OR USE OF ANY INFORMATION CONTAINED IN ANY ALERT OR DUE TO A FAILURE TO SEND OR RECEIVE AN ALERT.
We reserve the right to change, modify, add to, discontinue, or retire any Service and/or any aspect or feature of a Service at any time. We shall provide notice of changes to products and services by posting them on the Site. We have no obligation to provide you with direct notice of any such changes in any other manner. If any change(s) involve the payment of additional fees, we will provide you with the opportunity to approve such fees. If you fail or refuse to approve such fees, we may, in our sole discretion, terminate your current enrollment or use, continue to support your current Service(s) without the change, or replace your Service(s) with other Service(s). If we terminate your current enrollment in or use of any Service(s) on account of your failure or refusal to approve such fees, then we shall refund, on a pro-rata basis based on the remaining term of the current license. If we update any Service without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Service.
Certain Services (such as the Protection Programs) require payment by or on behalf of you, via a valid credit or debit card or other payment method, to us. By providing such payment information to us or permitting such to be provide on your behalf, you represent that you are authorized to request transactions using the payment method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (a) submit a transaction using the card information provided to us; (b) submit automatic recurring transactions, including those on a monthly or annual basis for membership renewals; and (c) obtain automatic updates for cards provided to us. You may cancel your membership at any time by phone at 1-800-906-7061 or through your member portal. You further acknowledge and agree that, subject to our then current member authentication procedures, another adult member enrolled on your account may authorize changes to the account, including without limitation to the form of payment, or to the Services including termination of membership or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.
You understand and agree that perfect security does not exist anywhere, and that you will protect your Personal Information in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information to anyone who might reasonably be expected to improperly use or disclose that Personal Information, such as, by way of example, in response to “phishing” scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information. You also agree that you will, upon request from us, immediately remove from your computer any software that we notify you poses a security risk. To access the Services via our App or online member portal, Customers must have a valid user name and password, which Customers will receive after enrolling or otherwise registering with us for the applicable Service(s). You are responsible for maintaining the confidentiality of any password associated with your use of the Services and the App, as well as any activity within the App and Services using your password(s).
The term of these Service Terms will continue and will automatically renew until terminated by you or us, in accordance with the below. We may terminate these Service Terms at any time upon notice to you, with or without cause. Unless terminated by you, your enrollment in the Services shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by us from time to time. Where authorized by you during the Enrollment Process or later, we will automatically charge your designated payment method upon renewal, unless you first terminate your use of the Services prior to the expiration of the then-current membership term.
We may terminate these Service Terms at any time upon notice to you, with or without cause. If we terminate these Service Terms without cause, we will promptly refund a pro-rata portion of any fees already paid directly to us by Customers for the Services that have yet to be provided. You may terminate these Service Terms at any time upon notice to us. If you terminate these Service Terms, we will promptly refund to you a pro-rata portion of any fees you have already paid directly to us for the Services that have yet to be provided. To terminate your enrollment in or use of the Protection Programs, you must call 1-800-906-7061 or cancel through your member portal; to cancel any other Services, you must do so by calling Identimaxx at 1-800-906-7061 or terminating the Service in another manner as instructed through the Service (such as by de-installing our App on your mobile device).
We may terminate these Service Terms at any time upon notice to you, with or without cause. If you have enrolled in or obtained your membership to the Service(s) through a third party, and you wish to terminate these Service Terms, you must notify that third party of your intent to terminate your use of the Service(s); we will terminate your use of the Services and these Service Terms upon notice to us given by such third party. If you are enrolled in any Services through a third party, you will not be entitled to any refund of fees from Identimaxx; we shall have no obligation to, and shall not, refund any fees paid by you to a third party.
You expressly authorize Identimaxx, its agents, and its employees to obtain various information and reports about you as we deem reasonably necessary or desirable in the course of performing the Services. We may share your Personal Information with any other person registered on your Identimaxx account. You, individually or as the parent or legal guardian of a minor child you enroll or cause to be enrolled, expressly authorize Identimaxx, its agents, and its employees to take any steps necessary to implement the Services, including, but not limited to, completing and executing any documents, communicating with third parties, and acting as a personal representative to the fullest extent permitted by law.
We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, our App (including the Data) as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services and our App.
We control and operate the Services from our headquarters in the United States of America and the content and features are not appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws. By using the App or Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
UNLESS OTHERWISE EXPLICITLY STATED, IDENTIMAXX, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IDENTIMAXX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
OTHER THAN PURSUANT TO THE SERVICE GUARANTEE (FOUND HERE) WHICH APPLIES SOLELY TO MEMBERS ENROLLED IN OUR PROTECTION PROGRAMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IDENTIMAXX, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (A) ONE THOUSAND U.S. DOLLARS ($1,000) OR (B) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These Service Terms and any Services provided hereunder will be governed by the laws of the State of New Jersey, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States.
You will indemnify and hold Identimaxx (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Service Terms, or your violation of any law or regulation, or the rights of any third party.
Neither these Service Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Service Terms must be in writing, signed by Identimaxx, and any such waiver shall not operate as a waiver of any future breach of these Service Terms. In the event any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed from these Service Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Service Terms, and all documents incorporated into these Service Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Service Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Service Terms. These Service Terms are solely and exclusively between you and Identimaxx and you acknowledge and agree that (i) no third party, including a third-party partner of Identimaxx is a party to these Service Terms, and (ii) no third party, including any third-party partner of Identimaxx has any obligations or duties to you under these Service Terms.
